Repetition method

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The repetond trial (actio de repetundis) was a legal process practiced in ancient Rome , which was carried out in favor of the inhabitants of the Roman provinces around 200 BC. Was introduced. In this way the provincials were able to take action against exploitative governors and claim back illegally confiscated property.

Word origin

The term repetitive procedure ( actio de repetundis ) goes back to the gerundive of the verb repetere (Latin for 'reclaim') and describes the purpose of the procedure: reclaiming the wrongly stolen things. Literally translated: 'Process about the things to be reclaimed.'

Development at the time of the republic

The governors who were appointed in the Roman provinces for one year in principle often ruthlessly exploited them for their own benefit. This contributed significantly to the decline in political and business morality in Rome. Since the early second century BC The repetition procedure was approved as a recovery procedure against exploitative magistrates . It is for the first time for the year 171 BC. When Hispanic allies, with the approval of the Senate, indicted former governors in a civil trial.

A permanent court for extortion cases (quaestio de repetundis) was established in 149 BC. Established by a lex Calpurnia repetundarum and by the lex Acilia repetundarum 123/122 BC. Chr. Further developed. The punishment set by the lex Acilia at double the extorted sum was presumably further increased under Sulla . Gaius Iulius Caesar made further changes to the process of repetition in his first consulate in 59 BC. BC before.

The repeat trial gradually took on the character of a political criminal trial, like the repeat trial against Gaius Verres , the propaetor of the province of Sicily from 73 to 71 BC. BC, shows. This process in 70 BC We know from the two accusation speeches by Marcus Tullius Cicero . During his tenure in Sicily, Verres had stolen statues, carpets, jewelry, paintings and many other treasures from both private and public property. Cicero stood as praetor in 66 BC. Before the court for repetition proceedings.

The repetition proceedings were unable to effectively remedy the pillaging of the provinces. Rather, they were misused as a political instrument, namely in the inner Roman power struggles between optimates and popular people and within the senatorial nobility.

Imperial times

There are also numerous reports from the Roman Empire about repetition trials against corrupt and extortionate governors. These trials were now in the habit of taking place before the Senate or - if they were imperial officials - before the Emperor.

Procedure

Since highly respected personalities fought for their existence in the repetition process and the process material was very extensive, the entire process material had to be negotiated twice. The repetitive trial was the first and for a long time the only procedure for which lists of judges had been introduced since the lex Calpurnia (149 BC). The list of judges was drawn up for one year of office. The court (consilium) was formed from it with the participation of the plaintiff and the defendant . The praetor peregrinus chaired the review process . For all other legal proceedings, the court was formed on a case-by-case basis during the Republican era. The selection of the court was probably incumbent on either the presiding magistrate or the senate.

literature

Remarks

  1. ↑ Titus Livius 43, 2 .
  2. ^ Dietrich V. Simon: Repetundarum crimen. In: The Little Pauly (KlP). Volume 4, Stuttgart 1972, column 1379 f.
  3. ↑ Götz Waurick: Art theft of the Romans. Investigations into its beginnings based on the inscriptions. In: Yearbook of the Roman-Germanic Central Museum Mainz . Volume 22, 1975, pp. 1-46, here p. 45 ( digitized version ).
  4. ↑ On the composition of the college of judges in ancient Rome, cf. Bleicken: Lex publica. Law and Justice in the Roman Republic. 1975, pp. 401–402, here especially note 164.

See also